Adequacy of Monetary Damages. Each of the Borrower, the Servicer, and the Equityholder hereby acknowledges and agrees that (i) any and all claims, damages and demands against any Lender arising out of, or in connection with, the exercise by such Lender of its rights or remedies during the continuance of an Event of Default pursuant to this Agreement can be sufficiently and adequately remedied by monetary damages, (ii) no irreparable injury will be caused to the Borrower, the Servicer or the Equityholder as a result of, or in connection with, any such claims, damages or demands, and (iii) no equitable or injunctive relief shall be sought by the Borrower, the Servicer or the Equityholder as a result of, or in connection with, any such claims, damages or demands.
Appears in 4 contracts
Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.), Loan Financing and Servicing Agreement (HMS Income Fund, Inc.), Financing and Servicing Agreement (HMS Income Fund, Inc.)
Adequacy of Monetary Damages. Each of the Borrower, the Servicer, Servicer and the Equityholder hereby acknowledges and agrees that (i) any and all claims, damages and demands against any Lender arising out of, or in connection with, the exercise by such Lender of its rights or remedies during the continuance of an Event of Default pursuant to this Agreement can be sufficiently and adequately remedied by monetary damages, (ii) no irreparable injury will be caused to the Borrower, the Servicer or the Equityholder as a result of, or in connection with, any such claims, damages or demands, and (iii) no equitable or injunctive relief shall be sought 138 by the Borrower, the Servicer or the Equityholder as a result of, or in connection with, any such claims, damages or demands.
Appears in 1 contract
Samples: Financing and Servicing Agreement (Capital Southwest Corp)
